Whoosh.
Person X’s neighbour would certainly be fucked.
That’s messed up.
endangering the welfare of a minor would be a charge that comes to mind.
Are you the pedophile, landlord, or person X?
Or a lawyer who doesn’t know how to work this case…
I’m only a law student, AND I’m in Canada, so this is only my opinion and I would suggest that you NOT rely on it for any legal purposes.
Because the landlord in this situation is out of state he could argue that he has some kind of agency relationship set up with the neighbour to inspect the house in question, BUT even in the event that an agency relationship was found to exist, I would assume that there is a statutory requirement there (as there is in my home province) that the landlord give notice that he will be entering the premises. I’m in a year lease, and my landlord has to give me at least 24 hours notice before coming into the house.
Unless the alleged pedophile has actually done anything to the two young daughters I can only see him being charged with trespass (because he failed to give notice to you that he was coming, and therefore had no right to enter the house). The landlord would also be vicariously liable for trespass, assuming you could establish an agency relationship.
You might potentially be able to rescind on the lease agreement because of the trespass, but I would have to look into whatever Residential Tenancies Act exists in your state to know for sure, and I’ve got too many exams to study for to do that :).
I’m only a law student, AND I’m in Canada, so this is only my opinion and I would suggest that you NOT rely on it for any legal purposes.
Because the landlord in this situation is out of state he could argue that he has some kind of agency relationship set up with the neighbour to inspect the house in question, BUT even in the event that an agency relationship was found to exist, I would assume that there is a statutory requirement there (as there is in my home province) that the landlord give notice that he will be entering the premises. I’m in a year lease, and my landlord has to give me at least 24 hours notice before coming into the house.
Unless the alleged pedophile has actually done anything to the two young daughters I can only see him being charged with trespass (because he failed to give notice to you that he was coming, and therefore had no right to enter the house). The landlord would also be vicariously liable for trespass, assuming you could establish an agency relationship.
You might potentially be able to rescind on the lease agreement because of the trespass, but I would have to look into whatever Residential Tenancies Act exists in your state to know for sure, and I’ve got too many exams to study for to do that :).
hopefully theyre bad, very very bad. thats terrible. i hope this hypothetical person isnt considering not going to the police because they are worried about their landlord who clearly didnt worry about them.
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^well that makes me feel better. also its good to know its not you, seeing as you said “he” so youre safe.
Personally i would have a major problem with all that and with my zero law intelligence I would think that there would be punishment for all of that, unless of course landlord slipped it into the “fine print” as we hear so often, if the lease.
[quote]Squiggles wrote:
I know there are landlords/lawyers on here, and I was hoping to pick your brain.
Let’s pretend this hypothetical situation is real:
Person X is renting a house. His landlord lives out of state and never bothers him. Person X discovers that Landlord is related to his (Person X’s) next-door neighbor, and that said neighbor is a pedophile. Person X also learns that Landlord gave Pedophile Neighbor a key to the rental house with instructions to sneak inside when Person X isn’t home and see what heâ??s up to. Person X discovers that Pedophile Neighbor has been sneaking into his home for three years.
Person X has two young daughters.
When Person X goes to the police with a security camera recording of Pedophile Neighbor sneaking into his home, and also irrefutable evidence that Landlord gave Pedophile Neighbor a key to the property knowing that Person X has daughters and that Pedophile Neighbor is a pedophile, what would be the legal ramifications for the Landlord?
Thanks for the help![/quote]
If pedophile did nothing wrong, what issue is there that he’s a pedophile? If however, by gaining access to your home, and he did something inappropriate with your daughters, the landlord would certainly bear some liability. That aside, I’m pretty sure landlords have the right to inspect the property whenever they like (depending on the lease; read the lease agreement) and he can certainly appoint someone like a relative to do that. Most leases do not require that the renter by home either. Check your local landlord/tenant laws. I think the pedophile issue is a non-starter though b/c you are not alleging any inappropriate conduct.
[quote]Squiggles wrote:
[quote]fighting_fires wrote:
hopefully theyre bad, very very bad. thats terrible. i hope this hypothetical person isnt considering not going to the police because they are worried about their landlord who clearly didnt worry about them. [/quote]
Definitely not. Person X wishes to ensure that the landlord cannot escape punishment for his part in this, and is trying to ensure he has all his bases covered so that the landlord can’t weasel his way out of this. There are some other issues that have turned up with Landlord, such as a bugged house. I’m being purposefully obtuse since this is a public forum, or I’d go into greater detail.[/quote]
Weasel out of what? What’s the end goal here? To break the lease or get the landlord in trouble?
If there was in fact a listening device, that would almost certainly violate your State’s wiretapping laws and be a criminal offense.
[quote]TheBodyGuard wrote:
[quote]Squiggles wrote:
I know there are landlords/lawyers on here, and I was hoping to pick your brain.
Let’s pretend this hypothetical situation is real:
Person X is renting a house. His landlord lives out of state and never bothers him. Person X discovers that Landlord is related to his (Person X’s) next-door neighbor, and that said neighbor is a pedophile. Person X also learns that Landlord gave Pedophile Neighbor a key to the rental house with instructions to sneak inside when Person X isn’t home and see what heÃ?¢??s up to. Person X discovers that Pedophile Neighbor has been sneaking into his home for three years.
Person X has two young daughters.
When Person X goes to the police with a security camera recording of Pedophile Neighbor sneaking into his home, and also irrefutable evidence that Landlord gave Pedophile Neighbor a key to the property knowing that Person X has daughters and that Pedophile Neighbor is a pedophile, what would be the legal ramifications for the Landlord?
Thanks for the help![/quote]
If pedophile did nothing wrong, what issue is there that he’s a pedophile? If however, by gaining access to your home, and he did something inappropriate with your daughters, the landlord would certainly bear some liability. That aside, I’m pretty sure landlords have the right to inspect the property whenever they like (depending on the lease; read the lease agreement) and he can certainly appoint someone like a relative to do that. Most leases do not require that the renter by home either. Check your local landlord/tenant laws. I think the pedophile issue is a non-starter though b/c you are not alleging any inappropriate conduct. [/quote]
wow…
okay no one is allowed to enter your premises without your permission unless it is your landlord and you have agreed to such conduct.
not sure where BodyGuard is going with this. Your rights were violated. You did have the right to call the cops on your landlord if he or she allowed this.
Here in San Diego there is a large number of free consultation lawyers you can contact. Why don’t you see if any of your landlord/tenant attorneys in your area have a free consultation. Heck here in San Diego the Tenant attorneys advertise really well.
very sorry for your situation. You should check you white/yellow pages for tenant free clinic. Here in San Diego there are a few places you can go with no cost to you.
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off topic question for BG out of curiosity- lets say the landlord and renter had agreed to checks on the house. now lets say they also agreed on a third party checking, would the landlord and or the third party have to inform the renter that the third party was a convicted child rapist? im curious because it seems like that is information that would have to be brought to the renters attention no?
Aren’t you the girl who butchers animals in your garage?
I have a novel suggestion:
When the pedophile sneaks into the house, cut his fucking throat.